Trial

Question 1

Which of the following best reflects the running order of a Crown Court trial?

(a) 
Jury selection and swearing in the jury , judge’s preliminary instructions to the jury prosecution opening speech, prosecution evidence , defence evidence , prosecution closing speech , defence closing speech, judge’s summing up , jury retire , verdict. 

(b) 
Prosecution opening speech, judge’s preliminary instructions to the jury, prosecution evidence , defence evidence , prosecution closing speech , defence closing speech, judge’s summing up , jury retire , verdict. 

(c) 
Judge’s preliminary instructions to the jury, defence opening speech , legal arguments, prosecution evidence, submission of no case to answer , right to give evidence and adverse inferences, defence evidence , prosecution closing speech, judge’s summing up , jury retire , verdict.

(d) 
Jury bailiffs sworn, judge’s preliminary instructions to the jury , prosecution opening speech, defence opening speech , prosecution evidence , defence evidence, right to give evidence and adverse inferences, submission of no case to answer, prosecution closing speech , defence closing speech, judge’s summing up , jury retire , verdict.

Answer 1

(a) 
Jury selection and swearing in the jury , judge’s preliminary instructions to the jury prosecution opening speech, prosecution evidence , defence evidence , prosecution closing speech , defence closing speech, judge’s summing up , jury retire , verdict. 


Question 2

Which of the following would be included in a prosecution opening speech?

(a) 
A detailed consideration of the law

(b) 
The counts the defendant faces

(c) 
Overly emotive language describing the crime

(d) 
Evidence that will be challenged in a legal argument with the defence

Answer 2

(b) 
The counts the defendant faces


Question 3

Which of the following best describes the test for a submission of no case to answer?

(a) 
The court may acquit on the ground that the defence evidence is sufficient for any reasonable court

(b) 
The court may acquit on the ground that the prosecution evidence is weak as it depends on a witness who may be unreliable

(c) 
The court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict

Answer 3

(c) 
The court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict

This reflects the test in the Criminal Procedure Rules and the principles set out in R v Galbraith.

Question 4

Which of the following is a matter for the judge to direct the jury on?

(a) 
Whether the defendant used reasonable force in self defence

(b) 
Whether the defendant intended to cause the injury

(c) 
If the defendant struck the complainant

(d) 
What the meaning of intention is

Answer 4

(d) 
What the meaning of intention is

Question 5

Who takes the decision about whether the defendant will give evidence or not at trial?

(a) 
The judge

(b) The defendant

(c) 
The defendant taking into consideration the advice of any legal representative the defendant has
(d) 
The defendant’s legal representative

Answer 5

(c) 
The defendant taking into consideration the advice of any legal representative the defendant has

If the defendant is not legally represented the judge will explain the defendant’s right to give or not give evidence to allow an informed choice

Question 6

Which of the following would not form part of the judges’ summing up?

(a) 
Summary of the evidence

(b) 
How to return a majority verdict
(c) 
Burden and standard of proof

(d) 
Elect a foreman

(e) 
The jury’s function

Answer 6

(b) 
How to return a majority verdict

When the jury first retires the jury must be directed that their verdict must be unanimous (in respect of each count and each defendant). If a time were to come when the court could accept a majority verdict the jury would be invited to come back into the court room and would be given further directions.


Question 7

Which judges sit in the Crown Court and how are they referred to?

Answer 7

Circuit judges: Referred to as ‘Your Honour’. They wear violet and black robe and red tippet (sash) over their shoulder”.

Recorders: “Referred to as ‘Your Honour’. They are barristers or solicitors who sit as part-time judges - wear black robes”.

High Court Judges: “Referred to as ‘My Lord, My Lady’. Occasionally most serious CC cases are heard by HC judges who are distinguished by their red robes, hence often being referred to as ‘red’ judges.

Question 8

What is the role of the judge and the jury in Crown Court proceedings?

Answer 8

Judge
- Is arbiter of law
- Makes ruling about admissibility of evidence (in absence of jury)
- Directs jury about matters of law (eg explaining what has to be proved and who by)
- Can direct jury to find D not guilty, eg following successful submission of no case to answer, but cannot direct jury to find D guilty

Jury
- Is sole decider/arbiter of facts
- Decides where D is guilty
- Must accept and apply judge’s directions about law
- Much reach decision only based on evidence it hears in court
- It will: Determine whether and to what extent, evidence is to be believed and
decide whether to draw inferences from evidence or from D’s silence.

Question 9

How is the jury selected in CC trial?

Answer 9

12 jurors required. Jury panel of about 16 people go into court from which 12 will be chosen at random. As each juror is called from panel they will taken place in jury box - when it is full, but before each juror takes jury oath or affirmation, D is told by court clerk that they have right to object to any juror. Each jury member is then sworn.

Question 10

How is the prosecution evidence presented in CC trial?

Answer 10

• Prosecution will start by calling all prosecution witnesses that defence asked to be called - prosecutor will take through evidence in chief - witness is then cross-examined by D’s legal representative
• When defence has no dispute with content of prosecution witness’s statement, no purpose would be served in calling witness to give live evidence and instead, where defence agree, prosecution can read statements of prosecution witness
• Just before prosecutor reads witness statement to jury, judge will explain to jury that they can receive evidence in various ways and that this is agreed evidence (which is why it is being read to them)
• D’s record of taped interview (ROTI) with police will be produced in edited form containing salient questions and answers - jury will get copy and prosecution will also read out interview in court
• Where D has made no comment interview, prosecution will often present agreed written admissions stating what D was asked about and that D replied no comment to all questions put - will allow jury to consider whether it would be proper to draw inference from D’s silence

Question 11

Is the defence obliged to give evidence in Crown Court? What are the repercussions if it doesn’t?

Answer 11

• After prosecution has closed case, judge will ask D’s legal representative in presence of jury if D is going to give evidence - if yes, case will proceed
• If no, judge will ask if defendant has been advised
• If legal representative says that D has been so advised, case can proceed - if D has not been advised then case will be adjourned briefly for advice to be given
• There is no obligation on D to give evidence, but failure to do so can result in adverse inferences being drawn pursuant to s. 35 CJPOA 1994
• Final decision rests on D

Question 12

When does the defence’s opening speech in CC occur?

Answer 12

If one is given, it takes place after prosecution’s opening speech. It is rarely used and can only be given if one or more defence witnesses, other than D in person, will be called to give factual (as opposed to merely character) evidence.

Question 13

What is a legal discussion in the context of a CC trial?

Answer 13

When defence case is closed it is common practice for jury to be sent out to allow judge, prosecution and defence advocates opportunity to consider those matters of law which should be raised during judge’s summing up. Allows submissions to be made on all legal matters that have arisen in course of trial and which form part of judge’s directions on law to jury.

Question 14

Under what circumstances can the prosecution give a closing speech in CC trial?

Answer 14

Prosecution can make closing speech where D is legally represented or has called at least one defence witness (other than D) to give factual evidence, or where court otherwise so permits.

Question 15

What does a judge’s summing up in CC trial entail?

Answer 15

Summing up has two parts:
1. Law
2. Facts

Judge will direct jury that they have different functions

Judge will deal with following:
1. Burden and standard of proof
2. Ingredients of offence and any defences
3. Written route to verdict
4. Other legal directions relevant to case
5. Electing foreman
6. Unanimity
7. Separate considerations of counts and Ds if needed

To assist jury, judge will also give:
- Reminder of issues
- Summary of nature of evidence relating to each issue
- Balanced account of points raised by parties and
- Any outstanding directions

Question 16

Who can become a court bailiff and what are their responsibilities?

Answer 16

Jury bailiffs swear/affirm to keep the jury ‘in some private and convenient place’ and not to allow anyone to speak to them or to speak to them themselves without the leave of the court other than to ask them if they have reached a verdict + also pass notes from jury to judge if jury has any questions during retirement

Jury bailiffs = court ushers who become jury bailiffs once they take the jury bailiff’s oath/affirmation

Question 17

When is majority decision permitted in CC?

Answer 17

JA 1974: permits majority verdict to be given by jury after they have deliberated for at least two hours although in practice minimum period is two hours and 10 mins as required in Criminal Practice Direction VI Trial 26Q Majority Verdicts

This is to take account of any time spent not deliberating eg getting to jury room and electing foreman

Majority verdict should not be accepted unless it appears to court that jury have had such period of time for deliberation as court thinks reasonable having regard to nature and complexity of case

Question 18

Can the jury convict of a lesser offence in CC?

Answer 18

In certain circumstances the jury can convict of a lesser offence which is an alternative to a count on the indictment

For example, an offence of inflicting grievous bodily harm contrary to s 20 Offences Against the Person Act 1861 is included in (and therefore a direct alternative to) the more serious offence of causing grievous bodily harm with intent, contrary to s 18 Offences Against the Person Act 1861. In essence, s 20 is the same as s 18 without the element of intent, so the lesser offence is included in the greater offence.

Question 19

Where defendant found guilty in CC, when will they be sentenced?

Answer 19

D who is found guilty will either be:
(a) sentenced immediately or,
(b) if reports are required to assist with sentencing, such as a pre-sentence report or a psychiatric report, the case will be adjourned for sentence to a later date.